Preparing for an eviction

[Sean Kuhn]

I have no evictions yet, but someday I know it will happen. What do you guys do to keep ready for one? How do you prove the tenant isn't paying now and what evidence to you keep to be ready for one. Can anyone walk me through a standard eviction that they've done, from a check not showing up to the tenant getting removed?

[Marcia Maynard]

Good topic. Great idea to be proactive. 18 years and 15 units into this business. We have only had to do one full eviction, but we are now preparing for our second one.

There have been several times when we have come to a mutual understanding with the tenant that they should leave and they have. We always try that route first.

The posting of the appropriate legal notice is the first step of an eviction. We can easily do that by using forms that have passed legal muster and by following the proper procedure for serving notice. If the tenant does not comply and we decide to proceed with unlawful detainer action we take it to an attorney.

After the court has ruled in our favor and our attorney has informed us of our date with the county sheriff, we prepare for the move-out. The sheriff asks us to NOT tell the tenant the date/time for their safety and ours. No one wants to be greeted by an angry tenant waiting with firearms.

At the appointed time, we come with a locksmith, two moving men and their moving van and us in our protective gear (work clothes, gloves, N95 face mask, and eye protection) and boxes and bring construction quality plastic bags. We also bring a large trash can, as we can toss things of no value. We also prearrange for storage at a nearby storage facility.

The sheriff approaches the property first, determines if there is anyone inside, posts his legal document then steps aside and stands guard as our locksmith gains entry and changes the locks (some landlords to the locksmithing themselves), our movers start moving furniture to the van and we pack up everything else in boxes and bags. Sheriff is still standing by and we do this as fast as we can.

Our state law requires us to store the tenant possessions safely for 45 days. If the tenant wants their things back, we can charge them for moving and storage only and then we must return their possessions. We charge $30/hr for our time, plus our real costs for which we keep receipts.

The time we had to go the full distance, the tenant wasn't home and when she returned her apartment was locked and empty. She screamed at us over the telephone. What didn't she understand about the letters and notices that proceeded this? Her friends told her it would take 2 or 3 months for us to get her out. From start to finish (3-day notice to pay rent or quit, 10-day notice to respond to the court, two-weeks until our date with the sheriff = 4 weeks) it took just about one month. It could have been sooner if the sheriff's schedule was not so full.

The tenant was surprised we acted so fast. We didn't see her again until day 45 at the storage unit when she wanted to get her property back. She paid us every penny for moving and storage. Alas, we didn't recover our rent, damages and legal fees even though the court awarded in our favor, as it is nearly impossible money from a tenant who has none, especially after they move out of state.

We also had a tenant abandon a property once and that required us to follow a different procedure.